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2019 DIGILAW 3041 (RAJ)

Sughna Devi v. Gopal Sanwaria

2019-12-16

NARENDRA SINGH DHADDHA, SABINA

body2019
JUDGMENT : D.B. Cr. Misc. Application No. 41218/2019 1. Vide this order, application under Section 24 of the Hindu Marriage Act, 1955 shall be disposed of. 2. Learned counsel for the applicant has submitted that the respondent is running a meat and a grocery shop in Jawahar Nagar, Jaipur and is earning more than Rupees One Lakh per month. Hence, it is prayed that the applicant be granted Rupees Ten Thousand per month by way of maintenance pendente lite. 3. Learned counsel for the respondent has opposed the application and has submitted that in-fact, respondent is working in a shop owned by his brother and is only earning Rupees Six Thousand per month. Learned counsel has submitted that the respondent was directed to pay Rupees Two Thousand and Four Hundreds per month to the applicant/appellant as maintenance pendente lite by the Family Court. 4. Respondent had filed petition under Section 13 of the Hindu Marriage Act seeking a decree of divorce. Vide impugned judgment and decree dated 25.2.2017, divorce petition filed by the respondent was allowed. Hence, the appeal has been filed by the wife/appellant challenging the decree passed by the Family Court. During the pendency of the appeal, applicant/appellant has filed application under Section 24 of the Act seeking maintenance pendente lite and expenses of the proceedings. 5. Although, it is the case of the applicant/appellant that the respondent is earning Rupees One Lakh per month, but there is no other corroborative material available on record to come to a conclusion that the respondent is earning the said amount. 6. From the reply filed by the respondent, it is evident that he has stated in Para 6 that he was earning Rupees Six Thousand per month as he was working in a shop of his brother. 7. Although, it is the case of the respondent that the shop is owned by his brother, but it is possible that the respondent and his brother are running the shop together. Hence, keeping in view the facts and circumstances of the present case, we are of the opinion that it would be just and expedient to grant Rupees Five Thousand per month by way of maintenance pendente lite to the applicant/appellant during the pendency of the appeal. 8. Accordingly, the application is allowed. Hence, keeping in view the facts and circumstances of the present case, we are of the opinion that it would be just and expedient to grant Rupees Five Thousand per month by way of maintenance pendente lite to the applicant/appellant during the pendency of the appeal. 8. Accordingly, the application is allowed. Respondent is directed to pay Rupees Five Thousand per month towards maintenance pendente lite to the applicant/appellant from the date of filing of the application till the decision of the appeal. 9. Respondent is further directed to pay Rupees Ten Thousand to the applicant/appellant towards litigation expenses. 10. Learned counsel for the applicant/appellant has submitted that he will furnish the details of the bank account of the applicant/appellant before this Court as well as to the counsel for the respondent within one week from today. 11. Respondent is directed to deposit the amount of maintenance pendente lite in the account of applicant/appellant on or before 7th of each month. Arrears of maintenance pendente lite as well as litigation expenses be deposited by the respondent in the account of the applicant/appellant within six weeks from today.